Executive Order on Blocking Property of Certain Persons with Respect to the Conventional 🌹🌹🌹🌹🌹🌹Arms Activities of Iran
Executive Order on Blocking Property of Certain Persons
with Respect to the Conventional Arms Activities of Iran
FOREIGN POLICY
Issued on: September 21, 2020
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By the authority vested in me as President by the
Constitution and the laws of the United States of America, including the Countering
America’s Adversaries Through Sanctions Act (Public Law 115-44), the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA),
the National Emergencies Act (50 U.S.C. 1601 et seq.), section 212(f) of the
Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of
title 3, United States Code,
I, DONALD J. TRUMP, President of the United States of
America, find that:
It remains the policy of the United States to counter
Iran’s malign influence in the Middle East, including transfers from Iran of
destabilizing conventional weapons and acquisition of arms and related materiel
by Iran. Transfers to and from Iran of arms or related materiel or military
equipment represent a continuing threat to regional and international security
— as evidenced by Iran’s continued military support that fuels ongoing conflict
in SYRIA, Lebanon, IRAQ, and Yemen. Iran benefits from engaging in the
conventional arms trade by strengthening its relationships with other outlier
regimes, lessening its international isolation, and deriving revenue that it
uses to support terror groups and fund malign activities. In light of these
findings and in order to take additional steps with respect to the national
emergency declared in Executive Order 12957 of March 15, 1995 (Prohibiting
Certain Transactions with Respect to the Development of Iranian Petroleum
Resources), I hereby order:
Section. 1. (a) All property and interests in property that
are in the United States, that hereafter come within the United States, or that
are or hereafter come within the possession or control of any United States
person of the following persons are blocked and may not be transferred, paid,
exported, withdrawn, or otherwise dealt in:
(i) any person determined by the Secretary of State, in
consultation with the Secretary of the Treasury, to engage in any activity that
materially contributes to the supply, sale, or transfer, directly or
indirectly, to or from Iran, or for the use in or benefit of Iran, of arms or
related materiel, including spare parts;
(ii) any person determined by the Secretary of State, in
consultation with the Secretary of the Treasury, to provide to Iran any
technical training, financial resources or services, advice, other services, or
assistance related to the supply, sale, transfer, manufacture, maintenance, or
use of arms and related materiel described in subsection (a)(i) of this
section;
(iii) any person determined by the Secretary of State, in
consultation with the Secretary of the Treasury, to have engaged, or attempted
to engage, in any activity that materially contributes to, or poses a risk of
materially contributing to, the proliferation of arms or related materiel or
items intended for military end-uses or military end-users, including any efforts
to manufacture, acquire, possess, develop, transport, transfer, or use such
items, by the Government of Iran (including persons owned or controlled by, or
acting for or on behalf of the Government of Iran) or paramilitary
organizations financially or militarily supported by the Government of Iran;
(iv) any person determined by the Secretary of the
Treasury, in consultation with the Secretary of State, to have materially
assisted, sponsored, or provided financial, material, or technological support
for, or goods or services to or in support of, any person whose property and
interests in property are blocked pursuant to this order; or
(v) any person determined by the Secretary of the Treasury,
in consultation with the Secretary of State, to be owned or controlled by, or
to have acted or purported to act for or on behalf of, directly or indirectly,
any person whose property and interests in property are blocked pursuant to
this order.
(b) The prohibitions in subsection (a) of this section
apply except to the extent provided by statutes, or in regulations, orders,
directives, or licenses that may be issued pursuant to this order, and
notwithstanding any contract entered into or any license or permit granted
before the date of this order.
(c) The prohibitions in subsection (a) of this section do
not apply to property and interests in property of the Government of Iran that
were blocked pursuant to Executive Order 12170 of November 14, 1979 (Blocking
Iranian Government Property), and thereafter made subject to the transfer
directives set forth in Executive Order 12281 of January 19, 1981 (Direction to
Transfer Certain Iranian Government Assets), and implementing regulations
thereunder.
Sec. 2. The prohibitions in section 1 of this order
include:
(a) the making of any contribution or provision of funds,
goods, or services by, to, or for the benefit of any person whose property and
interests in property are blocked pursuant to this order; and
(b) the receipt of any contribution or provision of funds,
goods, or services from any such person.
Sec. 3. The unrestricted immigrant and nonimmigrant entry
into the United States of aliens determined to meet one or more of the criteria
in section 1(a) of this order would be detrimental to the interests of the
United States, and the entry of such persons into the United States, as
immigrants or nonimmigrants, is hereby suspended, except where the Secretary of
State determines that the person’s entry would not be contrary to the interests
of the United States, including when the Secretary so determines, based on a
recommendation of the Attorney General, that the person’s entry would further
important United States law enforcement objectives. In exercising this
responsibility, the Secretary of State shall consult the Secretary of Homeland
Security on matters related to admissibility or inadmissibility within the
authority of the Secretary of Homeland Security. Such persons shall be treated
in the same manner as persons covered by section 1 of Proclamation 8693 of July
24, 2011 (Suspension of Entry of Aliens Subject to United Nations Security
Council Travel Bans and International Emergency Economic Powers Act Sanctions).
The Secretary of State shall have the responsibility for implementing this
section pursuant to such conditions and procedures as the Secretary of State
has established or may establish pursuant to Proclamation 8693.
Sec. 4. (a) Any transaction that evades or avoids, has the
purpose of evading or avoiding, causes a violation of, or attempts to violate
any of the prohibitions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the
prohibitions set forth in this order is prohibited.
Sec. 5. I hereby determine that the making of donations of
the types of articles specified in section 203(b)(2) of IEEPA (50 U.S.C.
1702(b)(2)) by, to, or for the benefit of any person whose property and
interests in property are blocked pursuant to this order would seriously impair
my ability to deal with the national emergency declared in Executive Order
12957, and I hereby prohibit such donations as provided by section 1 of this
order.
Sec. 6. For the purposes of this order:
(a) the term “entity” means a partnership, association,
trust, joint venture, corporation, group, subgroup, or other organization;
(b) the term “Government of Iran” includes the Government
of Iran; any political subdivision, agency, or instrumentality thereof,
including the Central Bank of Iran; and any person owned or controlled by, or
acting for or on behalf of, the Government of Iran;
(c) the term “Iran” means the Government of Iran and the
territory of Iran;
(d) the term “person” means an individual or entity; and
(e) the term “United States person” means any United States
citizen, permanent resident alien, entity organized under the laws of the
United States or any jurisdiction within the United States (including foreign
branches), or any person in the United States.
Sec. 7. For those persons whose property and interests in
property are blocked pursuant to this order who might have a constitutional
presence in the United States, I find that because of the ability to transfer
funds or other assets instantaneously, prior notice to such persons of measures
to be taken pursuant to this order would render those measures ineffectual. I therefore
determine that for these measures to be effective in addressing the national
emergency declared in Executive Order 12957, there need be no prior notice of a
listing or determination made pursuant to section 1 of this order.
Sec. 8. The Secretary of the Treasury, in consultation with
the Secretary of State, is hereby authorized to take such actions, including
the promulgation of rules and regulations, and to employ all powers granted to
the President by IEEPA as may be necessary to carry out the purposes of this
order. The Secretary of the Treasury may, consistent with applicable law,
redelegate any of these functions within the Department of the Treasury. All
departments and agencies of the United States shall take all appropriate
measures within their authority to carry out the provisions of this order.
Sec. 9. This order shall not apply with respect to any
person for conducting or facilitating a transaction for the provision
(including any sale) of agricultural commodities, food, medicine, or medical
devices to Iran.
Sec. 10. Nothing in this order shall prohibit transactions
for the conduct of the official business of the United States Government or the
United Nations (including its specialized agencies, programs, funds, and
related organizations) by employees, grantees, or contractors thereof.
Sec. 11. The measures taken pursuant to this order are in
response to actions of the Government of Iran occurring after the conclusion of
the 1981 Algiers Accords, and are intended solely as a response to those later
actions.
Sec. 12. (a) Nothing in this order shall be construed to
impair or otherwise affect:
(i) the authority granted by law to an executive department
or agency, or the head thereof; or
(ii) the functions of the Director of the Office of
Management and Budget relating to budgetary, administrative, or legislative
proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
DONALD J. TRUMP
THE WHITE HOUSE,
September 21, 2020.
https://www.whitehouse.gov/presidential-actions/executive-order-blocking-property-certain-persons-respect-conventional-arms-activities-Iran/
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